MALLAWWA Vs. CHANDRABAI MOTHER TARABAI KAMBLE

JUDGEMENT

(1.) This is plaintiff's appeal assailing the Judgment and Decree of First Appellate Court, allowing the appeal in part and setting aside the Judgment and Decree passed by the Trial Court and thereby, passing a modified decree for partition and separate possession. For convenience, the parties will also be referred to by their rank in the suit.

(2.) This case shocked the conscience of this Court about the perfunctory manner in which, Sri D.Y. Basapur, Judge of First Appellate Court has decided the appeal filed under S.96 read with Order XLI Rule 1 of CPC.

(3.) In view of the controversy at hand, it is unnecessary to state the facts giving rise to this appeal in detail, except to note that the suit was filed by the appellant to pass decree of partition, separate possession, declaration and mesne profits against the respondents.